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2900 - Site Mitigation Program
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PR0517323
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SITE INFORMATION AND CORRESPONDENCE
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Last modified
2/14/2019 3:46:08 PM
Creation date
2/14/2019 9:40:06 AM
Metadata
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Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
SITE INFORMATION AND CORRESPONDENCE
RECORD_ID
PR0517323
PE
2960
FACILITY_ID
FA0013339
FACILITY_NAME
MT HOUSE SITES 1-6
STREET_NUMBER
0
STREET_NAME
BYRON
STREET_TYPE
RD
City
TRACY
Zip
95376
CURRENT_STATUS
01
SITE_LOCATION
BYRON RD
P_DISTRICT
005
QC Status
Approved
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EHD - Public
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Owner's written consent,which consent Owner shall have the right to withhold or <br /> grant in its sole and absolute discretion. <br /> All costs, expenses, liabilities or charges incurred or relating to the performance <br /> of the Assessment Activities shall be borne by Chevron. In performing the <br /> Assessment Activities, Chevron and its employees, agents and representatives <br /> shall make reasonable efforts, and tape reasonable precautions,not to interfere <br /> with the activities of Owner or any other activities on the Property. <br /> 2. Chevron shall give Owner such reasonable advance written notice of its intention <br /> to perform any Assessment Activities as will permit Owner to have its <br /> representative(s) and/or consultant(s)present during the performance of such <br /> Assessment Activities("Entry Notice"). The Entry Notice shall be delivered to <br /> Owner not less than forty-eight(48) hours in advance of any activities on the <br /> Property in connection with any Assessment Activities. Owner shall be entitled <br /> to take split samples at its sole cost and expense if it so desires. <br /> 3. Chevron agrees to provide Owner with copies of all data, analyses, and final <br /> reports relating to the Assessment Activities within three (3)business days of <br /> Chevron's receipt of the same. Any final reports relating to the Assessment <br /> Activities that Chevron intends to submit to applicable state, federal and/or local <br /> regulatory agencies(collectively, "Agency Submittals") shall first be submitted to <br /> Owner and Owner shall have not less than five (S) business days to review and <br /> approve all Agency Submittals prior to their submittal to the applicable agency. <br /> Any reports disapproved by Owner that are not required by law or applicable <br /> regulation to be submitted to a state, federal and/or local regulatory agency, shall <br /> not be submitted. Any reports disapproved by Owner that are required by law or <br /> applicable regulation to be submitted to a state, federal and/or local regulatory <br /> agency, shall not be submitted until Owner and Chevron (and/or their respective <br /> consultants)have met and conferred and had a reasonable opportunity to review <br /> and discuss Owner's objections to such disapproved report. Chevron agrees to <br /> cooperate with Owner in connection with the review and reanalysis of any <br /> disapproved report. <br /> 4. Chevron shall: (a) keep the Property free and clear of any liens arising out of <br /> Chevron's activities at or on the Property and discharge at once all liens and <br /> attachments arising out of Chevron's activities at or on the Property, (b) repair <br /> any and all damage to the Property caused by Chevron or any tests or <br /> investigations conducted by or at the direction of Chevron; and (c) protect, defend <br /> with counsel acceptable to Owner, indemnify and hold Owner, and Owner's <br /> affiliates, and its and their partners,managers, members, employees, agents, <br /> officers,directors and representatives, harmless from and against any and all <br /> actions, liabilities, claims,damages, losses, costs, and expenses (including, but <br /> not limited to, experts' fees, reasonable attorneys' fees and the costs and expenses <br /> incurred by such attorneys) arising out of or in any way related to: (A) Chevron's <br /> entry onto and performance of Assessment Activities on the Property or any <br /> activity thereon or with respect thereto by Chevron, its agents,employees, <br /> Site Access Agreement <br /> Page 2 of 8 <br />
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